Revolutionary War Pension and Bounty Land Warrant Application File R. 3,585, James Fitzjarrell, Va.

SERVICE
NUMBER
Va.
Fitzjarrell, James Fitzjarrall
R. 3,585
CONTENTS

Princeton, June 30th /53 Geo H. Monsarrat Esq co .
Dear Sir,
Enclosed with this letter you will please find the blank power of Attorney filled by Mr. Johnson Fitz Ger. one of the heirs as directed.
Mr. James Fitz Gerald died March 21st. 1836 and left a widow. She died Sept. 13th. 1838. She was married in the Albemarle or Orange County Virginia
If you lack any thing else that I can do for you - drop a line.
Respectfully Yours
W. N. C.

1 Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
State of Indiana
Gibson County ss In the Gibson Probate Court -
On this 18 th Day of August in the Year of our Lord one thousand eight hundred and thirtyfive personally appeared in open Court being a Court of Record James Fitzgerald a citizen of Gibson County aged Between eighty five and ninety Years who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed 7 th June 1832. That at Augusta County  Staunton Virginia in the month of June or July in the Year 1779 or 1780 - he enlisted or volunteered in the service of the United States in the Revolutionary War under Capt. James Findley of the Continental Army as he believes and for the term of one Year.
That immediately after he enlisted he was employed in driving a team and Waggons belonging to the U. States at which duty he was kept until he was discharged at the end of the Year. From Staunton he went with Capt. Findley's Company to Alexandria from thence to Baltimore from thence by the Brandywine Battle ground to Phila- delphia staying at each of the above mentioned places but a very short time from Philadelphia he went with said Company to New Brunswick where he arrived in the fall at which place and its vicinity he was actively employed with a team and Waggons until the weather became cold when many of the troops at that place together with Capt. Findley's Company were sent on to Lancaster in Pennsylvania to winter quarters. That most of the Govern- ment Waggons were left at New Brunswick, but many of the horses were moved with the troops to Lancaster and that the declarant in company with other Waggons assisted in taking the horses there. At the breaking up of Winter he thinks the latter part of February his company with some other troops went to Philadelphia whither the

as a servant went with a team of horses and where he was employed with a team and waggon until the end of the Year for which he entered the Army when he was discharged in Market Street by Capt. Findley who gave him a written discharge but which discharge is lost or destroyed Most probable the latter. From the very day of his enlistment he was employed as a Wagoner that he at no time performed the duty of a soldier. had but very little intercourse with his company and knew very little if anything about its organization. He recollects none of its officers except Capt. Findley who enlisted him nor does know to what Regiment the company was attached as he never mustered with them. At Philadelphia he knew one William Lusk who was called General and who had much to do in directing the Wagoners but what rank he held in the Army he cannot tell. Some where on the rout from New Brunswick to Lancaster he saw Genl. Washington. He recollects that Col. Armstrong was active in starting the troops and horses from New Brunswick to Lancaster. While Capt. Findley was recruiting at Stanton he recollects seeing Col. Smiths Col. Geo. Matthews and Col. Sampson Matthews who he supposed was of the Army but of this he is not certain.
He was born in Orange County Virginia but in what Year he cannot say as he has no record of his age nor does he know that any is in existence nor can now tell how old he is but believes that he is about between 85 and 90 Years old. A few Years after the war of the revolution he moved to Kentucky from whence in the Spring of 1811 he moved to Gibson County Indiana where he has lived ever since and where he now lives. He has no written or documentary evidence by which he can prove his service nor do he know of any person now living by whom he can prove the same. Accompanying this declaration is the deposition of Brother Daniel Fitzgarnald now deceased which was taken at the time and place it specifies and

This application has been delayed in order to procure its proper authentication - He hereby relinquishes every claim whatever to a Pension except the present and declares that his name is not on the Roll of any Pension Agency in any State or Territory.
Clement Fitch Jr. attested
We
We Mr. Thome and Walter Montgomery certify
that we have been acquainted with James Fitzgerald for a number of Years that he is reputed and believed to have been a Soldier of the revolution and we concur in that belief and that he is a man of veracity as we believe - the said Thome certifies that in Kentucky he was acquainted with the Brother of S d Fitzgerald whose name was Daniel and his Sister and from them and their neighbours who were neighbours of said James and from whom the said Thome obtained his principal information -
Walter E. Montgomery
Subscribed and sworn to in open court, 10th August 1835
J. Kelly 68.666 By J. Montgomery J. G.
And the said court do hereby declare its opinion after the investigation of the matter and putting the interrogatories prescribed by the war Department, and examining the persons under oath whose names are subscribed to the above certificate, and examining the depositions hereto attached that the above named applicant was a Revolutionary Soldier and served as he states

And the court further certifies that it appears to them that William Leowe and Walter C. Montgomery who have signed the preceding certificate are resident citizens of Gibson County and that statement is entitled to credit.
James Devin P. Judge
33, 245 James H. Fitzgerald Probate
State of Indiana Gibson County 31 st
I J. M. Montgomery Deputy for John L. Neely Clerk of the Gibson Probate Court, do certify that the foregoing contains the original proceedings of the application of James Leitz Servant had in the Probate Court for the County of Gibson and that the Depositions hereto attached are the same that were produced and examined by the court. In testimony whereof I have hereunto subscribed my name and affixed the seal of said Probate Court at the Clerk's Office in Princeton in said County this 31 st day of August 1835
John Neely Clerk By J. M. Montgomery

J. H. Chaplin

Know all Men by these Presents, That I, Johnson Fitz-Gerald son of, and heir at law of James Fitz-Gerald deceased,
who was a Soldier in the Army of the Revolution, do hereby constitute and appoint GEORGE H. MONSARRAT, true and lawful Attorney, for me and in my name to prosecute against the Government of the United States, before any Department thereof, any and all claim or claims I have to arrears of pay or Pension money, under any Act or Acts, Resolution or Resolutions, of the Con- gress of the United States, and especially the Acts 4th July 1836, 7th July 1838, 3rd March 1843, 17th June 1844, 2nd February 1848, and 29th July 1848—as well as the more ancient Acts of 18th March 1818, 15th May 1828, and 7th June 1832.
my Said Attorney is moreover authorised in my name to demand at any Depart- ment of the said Government, a reconsideration of any decision hitherto or hereafter to be given, touching my interests, and to obtain from any Department or the archives thereof, any and all information or evidence of whatever character relating to or in anywise bearing upon the claim or claims we hereby seek the investigation of.
my Said Attorney is moreover authorised to do any and all things necessary to carry out the foregoing purposes, and to receive the Certificates of Pension or other character of drafts or evidences of the amounts due to me and to appoint one or more Sub-Attorneys, and to confer upon him or them all the powers therein conferred upon him by me hereby ratifying and confirming all that my said Attorney may do by virtue of these presents.
WITNESS my hand and seal this 30th. day of June 1853
Johnson Fitz Gerald
State of Indiana, Gibson County, sec.....
BE IT KNOWN, that on the 30th day of June 1853, before the subscriber, a Notary Public in and for the County and State aforesaid,
personally appeared Johnson Fitz Gerald subscriber to the foregoing Power of Attorney, and acknowledging the signing, sealing and deliver- ing the same to be his own voluntary act and deed for the uses and purposes therein set forth.
IN TESTIMONY WHEREOF, I do hereunto subscribe my name, & official seal William H. Mouille Notary Public

REJECTED
5080
P. O.
James Fitzgerald
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
• Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Rejected
See letter 16 Sept 1835 to J. Pitkin
Princeton, Ind., let. 6 June 1836 to R. Brown, same, June 25. 1836
did not serve in a military capacity,
F. H. C. Fripsett Sep 8/53
act-7 th June 1832

Princeton La Sept 5- Mrs -
Free
War Department Pension Office Washington City -

Princeton Gibson County Indiana Aug. 21. 1895-
Inclosed is the application of Jas. Fitzgerald for a pension - please to notify him of the result by letter and drop it to the care of Johnson Fitzgerald Princeton Indiana
Hon. L. Galt. Sec. of War - John Pitcher for the Applicant -

U.S. June 25 th 36
H on J. L. Edwards Commissioner on Pensions War Department

Washington City. June 25 th 1836
Sir.
I Some time since left with you a communication from Johnson Fitzgerald respecting a pension claim , and requested of you the favour of having the subject examined, and to furnish me with the necessary printed blank forms as a guide to direct those who may claim pensions from the Government.
Will you be so good as to attend to this subject soon , as I am about to leave the city of Washington in a few days.
very respectfully your oft. servt Boon
J. L. Edwards Esq r

State of Kentucky Franklin county (S.C.T)
Be it Known that on the 27 th day of July A.D. 1832 Daniel Fitzgerald personally appeared me the undersigned a justice of the peace in and for said county, who made oath agreeably to law that he is acquainted with James Fitzgerald of Gibson county Indiana and that the said James Fitzgerald enlisted in the army of the united states service in the time of the revolutionary war in Stanloin Augusta county Virginia in June or July 1779 said Fitzgerald enlisted under captain Mad Henry for the term of one year and he verily believes that he did serve his time out and at the time he enlisted the captain prom- ised him a suit of clothes and some land which he believes said Fitzgerald never did get and further this affiant saith not subscribed and sworn to before Daniel Fitz Farrell me the day and date first above written
(Wilson N. Beal)
State of Kentucky to Alexander H. Kennick Clerk of the Franklin County Court Do Certify that Alexander Wilson Esqr who hath signed his name to the above certificate was at the time of doing the same a justice of the peace in & for the County of State aforesaid duly commissioned & qualified and that he is the proper officer to administer oaths and due faith & credit is & ought to be given to all his acts as such. In testimony whereof I have hereunto set my name as clerk as aforesaid & affixed the seal of said county this 28 th day of July 1832.
A. H. Kennick Clerk

We do certify that we have been long acquainted with Daniel Fitzgerald and believe him to be a man of honesty and respectability and that his statements ought to be relied on given under our hands this 17 th day of April 1835
James Taylor
Wm Hodges
State of Kentucky (to wit)
I Alex. Wilson a justice of the peace in and for the county of Franklin and state aforesaid do certify that Jas. Taylor and William Hodges this day personally appeared before me and made oath that they had been long acquainted with Daniel Fitzgerald now deceased that was a man of honesty and respectability and I do further certify that James Taylor and William Hodges are citizens of Franklin county and credible persons in any court or out of court - given under my hand as a justice of the peace in & for Franklin county this 17 th day of April 1835
A Wilson J.P. Seal
State of Kentucky ss
I Alexander H. Pennycuick Clerk of the County Court for the county aforesaid do certify that Alexander Wilson Esqr. who hath signed above time of doing the same and still is an acting justice of the peace in & for the county of State aforesaid duly Commissioned & Commissioned & qualified and by the laws of the State authorized to administer oaths and that due faith and credit is and ought to be given as well out as in Courts of justice
In testimony whereof I have here to set my hand and affixed the Seal of Baid County 20 th day of May 1835
H. A. Kennicott J.P.

Power of attorney whereby the said party will be repaid
Rev L. P. Melida
Army Pensions

Washington, July 16. 1833
Sir:
I file a proof of attorney in the case of James Fitzgerald, Redbank, Oct 1832, Ryland. The Office did not dispute the service, but declared it was not military. This service not only since, but then even, was acknowledged military, and it was the mere carrying up of the examiner which caused the claimant to be rejected. When I was an examiner, this would have been held a good case, but as new rules of service have since been established I can not judge whether it is so now or not. Please let me know that I may determine whether to put the parties to the expense of getting up the paper.
Very Respectfully
Yr Servt
A. H. Patten